Submission + - Big Win for Innocent Defendant in RIAA Case
EatingSteak writes: "The EFF Reports that a woman from Oklahoma got a big win today in the RIAA's case against her in 2004. FTA:
"The decision today is one of the first in the country to award attorneys fees to a defendant in an RIAA case over music sharing on the Internet."
"In his ruling, Judge West found that the RIAA had asserted an untested and marginal theory that veered toward "frivolous and unreasonable" by suing Foster for contributory and vicarious copyright infringement when the only evidence against her was her name on the household Internet account. Much like the judge in Elektra v. Santangelo, West expressed skepticism that "an Internet-illiterate parent, who does not know Kazaa from a kazoo" could be held liable for children in her home downloading music illegally unless the parent had knowledge of the conduct or had giver her permission to do so."
This case was thrown out in July, but Foster's lawyer fees were finally awarded formally to her. Could this be a godo precedent for future cases that (1) IP Address != Infringing Person, and (2) RIAA getting slammed for attorney's fees in the future?"
"The decision today is one of the first in the country to award attorneys fees to a defendant in an RIAA case over music sharing on the Internet."
"In his ruling, Judge West found that the RIAA had asserted an untested and marginal theory that veered toward "frivolous and unreasonable" by suing Foster for contributory and vicarious copyright infringement when the only evidence against her was her name on the household Internet account. Much like the judge in Elektra v. Santangelo, West expressed skepticism that "an Internet-illiterate parent, who does not know Kazaa from a kazoo" could be held liable for children in her home downloading music illegally unless the parent had knowledge of the conduct or had giver her permission to do so."
This case was thrown out in July, but Foster's lawyer fees were finally awarded formally to her. Could this be a godo precedent for future cases that (1) IP Address != Infringing Person, and (2) RIAA getting slammed for attorney's fees in the future?"
